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(영문) 서울고등법원 2017.04.07 2016나2035497
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On January 27, 2011, Defendant A corporation (hereinafter “Defendant A corporation”) was selected as a subsidized project operator who received subsidies in relation to “H support projects” from Sungsung City.

B. In relation to the foregoing business on June 15, 2012, the Plaintiff: (a) was awarded a contract for construction cost of KRW 4,082,850,000 for construction work (hereinafter “instant construction contract”); and (b) the contract (Evidence 2-1) drafted at the time, written by the Plaintiff (hereinafter “instant construction contract”) stating the following: (a) the construction work for constructing the instant building on one parcel of land (hereinafter “instant building”); (b) the construction work for constructing the instant building; and (c) the construction work for installing each of the instant machinery (hereinafter “instant construction work”); and (d) the construction work for installing each of the instant machinery (hereinafter “instant construction work”).

The name of a construction project: Advance payment of value-added tax of KRW 371,168,182, and KRW 200,00,00 for the construction work period for the new construction of processing facilities from June 15, 2012 to October 30, 2012 for A Kim Processing Factory (the first floor, the second floor, the second floor, the second floor, the second floor: 20% after the completion of the construction work for the first floor, and 20% within one month after the completion of the construction work for the remaining construction period.

C. On August 13, 2012, the Plaintiff and the Defendant Corporation changed the construction cost of the instant construction contract into KRW 4,148,850,000.

On December 20, 2012, a completion inspection was conducted in relation to the construction of the instant building, and around February 27, 2013, a completion inspection was conducted in relation to the construction of the instant machinery.

E. On March 22, 2013, the Plaintiff and the Defendant Corporation drafted a modified contract (Evidence A 2-3) changing the construction cost into KRW 4,247,850,000, and the scheduled completion date of completion of works on March 31, 2013; and the construction amount on July 18, 2013 to KRW 4,313,850.

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